Defenseless: An investigation into how Maine represents its poorest defendants

An investigation by The Maine Monitor and ProPublica found that more than a quarter of Maine attorneys disciplined in the past decade for serious professional misconduct were hired as lawyers for the poor. Sex crimes and felony convictions were among the most severe infractions overlooked in the only state without public defenders. Defendants paid the price.

A banner that denotes this series was supported by the ProPublica Local Reporting Network.
A banner that denotes this series was supported by the ProPublica Local Reporting Network.

FEATURED STORY:

An illustration of John Pelletier, the executive director of the Maine Commission on Indigent Legal Services

A low bar for public defense

Maine is the only state in the country with no public defender system. A nine-month investigation by The Maine Monitor and ProPublica found that legal services for the poor are left to private attorneys, who face disproportionately high amounts of discipline and an office that doesn’t supervise them.

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An illustration of four overworked attorneys, as well as an inmate locked in a jail cell.

A low bar for public defense

By Samantha Hogan & Agnel Philip
October 6, 2020

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an illustration of a hand holding a phone that depicts a female defendant sitting in a jail cell

She was afraid of her lawyer. Then the text messages started.

By Samantha Hogan
October 8, 2020

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A drawn illustration of the inside of a courtroom. On the left, an inmate dressed in an orange jumpsuit is looking at the empty seat next to them where their defense attorney should be sitting. On the right, sitting at a separate table, is a prosecutor.

Lawyers who were ineligible to handle serious criminal charges were given thousands of these cases anyway

By Samantha Hogan
February 23, 2021

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Governor Janet Mills speaks during a press conference

Maine hires lawyers with criminal records to defend poor residents. The governor wants reform.

By Samantha Hogan
October 14, 2020

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A screenshot of a virtual Maine Commission on Indigent Legal Services meeting showing six leaders of MCILS.

Officials propose doubling budget for agency charged with defending the poor

By Samantha Hogan
October 25, 2020

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An illustration of John Pelletier, the executive director of the Maine Commission on Indigent Legal Services

Following multiple investigations, director of Maine’s public defense agency resigns

By Samantha Hogan
November 4, 2020

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A bronze statute of a scales of justice figurine.

Ineffective financial oversight, missed obligations of Maine’s public defense agency detailed in new report

By Samantha Hogan
November 9, 2020

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An illustration of four overworked attorneys, as well as an inmate locked in a jail cell.

Maine governor won’t fund defense reforms without accountability

By Samantha Hogan
November 11, 2020

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A screenshot of a virtual committee meeting for the Maine Commission for Indigent Legal Services. Four members are visible in this screenshot: chairman Josh Tardy and commissioners Bob Cummins, Mary Zmigrodski and Bob LeBrasseur.

Maine begins search for new public defense director, approves rule changes

By Samantha Hogan
November 22, 2020

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janet mills speaks during a press conference

Budget Breakdown: Public defense initiatives miss governor’s biennium budget

By Samantha Hogan
December 20, 2020

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exterior of the cumberland county courthouse and government center

Maine’s public defense agency acknowledges it didn’t enforce rules on attorney qualifications

By Samantha Hogan
December 23, 2020

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The dome of the Maine State House as shown through exterior fencing along the edge of the property.

Temporary public defense director selected amid major reform, barebone budget

By Samantha Hogan
January 10, 2021

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Justin Andrus poses for a photo with the Maine State House dome in the distant background.

Temporary director races to reform public defense system

By Samantha Hogan
February 26, 2021

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Sarah Churchill, on left, raises her right hand as she faces Governor Janet Mills, who is raising her right hand and reading from a piece of paper, during a swearing in ceremony in the governor's office.

Governor prepares to fill vacancies on public defense oversight board

By Samantha Hogan
February 28, 2021

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The exterior of the Capital Judicial Center. A man is walking towards the stairs of the building.

Lawmakers push public defense reform in rebuke of governor’s budget

By Samantha Hogan
March 17, 2021

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Josh Tardy sitting at a table

Two-year budget leaves public defense reform underfunded

By Samantha Hogan
April 25, 2021

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exterior of the maine state house

Nominees for Maine’s public defense commission broke rules to work on serious criminal cases

By Samantha Hogan
April 25, 2021

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A drawn illustration of the inside of a courtroom. On the left, an inmate dressed in an orange jumpsuit is looking at the empty seat next to them where their defense attorney should be sitting. On the right, sitting at a separate table, is a prosecutor.

Following arrest, defense lawyer banned from representing defendants for state

By Samantha Hogan
May 23, 2021

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Attorney Jim Howaniec stands outside of a courthouse

Defense lawyers say system crumbling under huge backlog, inadequate funding for indigent defendants

By Samantha Hogan
June 6, 2021

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The black dome of the Maine State House stands among the trees.

Lawmakers agree on ‘good start’ to overhauling state’s troubled legal defense system

By Samantha Hogan
June 18, 2021

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Amy Fairfield questions a woman on the court room stand

Lawyer withdraws from nearly 200 cases after not complying with billing investigation

By Samantha Hogan
July 11, 2021

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Many of the lights near state senators names on a roll call board in the Maine State Senate are lit green for affirmative votes.

Gov. Mills lets public defense changes become law

By Samantha Hogan
July 25, 2021

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Amy Fairfield reads a paper while standing in front of the witness stand within a courtroom

Attorney general sues Maine lawyer for ‘negligent misrepresentation’ of billing

By Samantha Hogan
December 10, 2021

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An illustration of four overworked attorneys, as well as an inmate locked in a jail cell.

Samantha Hogan: A year later, Maine still last state without public defenders

By Samantha Hogan
January 1, 2022

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The frame that once held the sign for the law offices of Christopher James Whalley

License suspended after lawyer allegedly takes $189,000 from estate

By Samantha Hogan
February 27, 2022

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The exterior of the Capital Judicial Center. A man is walking towards the stairs of the building.

ACLU sues Maine, says it provides ineffective defense counsel for people charged with crimes

By Samantha Hogan
March 1, 2022

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The black dome of the Maine State House stands among the trees.

Lawmakers seek funding for Maine’s first public defenders

By Samantha Hogan
March 27, 2022

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Maine Commission on Indigent Legal Services meeting screenshot of members

Lawyer leaves state board, claims poor attitude by lawmakers toward impoverished defendants

By Samantha Hogan
April 2, 2022

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An illustration of four overworked attorneys, as well as an inmate locked in a jail cell.

Maine defense lawyer charged with criminal OUI by grand jury

By Samantha Hogan
April 8, 2022

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The black dome of the Maine State House stands among the trees.

Lawmakers make last-minute bid to “pony up” money for indigent legal defense

By Samantha Hogan
April 19, 2022

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An illustration of four overworked attorneys, as well as an inmate locked in a jail cell.

Lawmakers approve funding to hire Maine’s first public defenders

By Samantha Hogan
April 25, 2022

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The exterior of the Capital Judicial Center. A man is walking towards the stairs of the building.

Justice rules ACLU can proceed with lawsuit against state public defense agency, commissioners

By Samantha Hogan
June 6, 2022

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exterior of maine district court

Availability of Maine defense lawyers reaches all-time low

By Samantha Hogan
July 5, 2022

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A bronze statute of a scales of justice figurine.

Maine judge grants class action status to ACLU suit on public defense system

By Samantha Hogan
July 18, 2022

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A bronze statute of a scales of justice figurine.

Judge warns of “constitutional crisis” if shortage of defense lawyers not fixed soon

By Samantha Hogan
August 2, 2023

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An illustration of four overworked attorneys, as well as an inmate locked in a jail cell.

Settlement reached by Maine and ACLU to overhaul indigent legal services

By Samantha Hogan
August 29, 2023

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An illustration of four overworked attorneys, as well as an inmate locked in a jail cell.

Justice rejects settlement to overhaul indigent defense in Maine

By Samantha Hogan
September 13, 2023

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A drawn illustration of the inside of a courtroom. On the left, an inmate dressed in an orange jumpsuit is looking at the empty seat next to them where their defense attorney should be sitting. On the right, sitting at a separate table, is a prosecutor.

Civil rights board seeks Department of Justice investigation of Maine indigent defense services

By Samantha Hogan
September 14, 2023

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A drawn illustration of the inside of a courtroom. On the left, an inmate dressed in an orange jumpsuit is looking at the empty seat next to them where their defense attorney should be sitting. On the right, sitting at a separate table, is a prosecutor.

Maine’s indigent defense crisis deepens

By Samantha Hogan
October 8, 2023

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An illustration of four overworked attorneys, as well as an inmate locked in a jail cell.

Commission endorses statewide public defender network for Maine

By Samantha Hogan
October 11, 2023

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A drawn illustration of the inside of a courtroom. On the left, an inmate dressed in an orange jumpsuit is looking at the empty seat next to them where their defense attorney should be sitting. On the right, sitting at a separate table, is a prosecutor.

Judges, sheriffs ask Maine Supreme Court to dismiss petition filed by woman held in jail without a lawyer

By Samantha Hogan
October 13, 2023

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